Christian v Railroad Deli Grocery
Motion No: 2008-03768
Slip Opinion No: 2008 NYSlipOp 77163(U)
Decided on July 8, 2008
Appellate Division, Second Department, Motion Decision
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This motion is uncorrected and is not subject to publication in the Official Reports.


Supreme Court of the State of New York

Appellate Division: Second Judicial Department

M72846

E/cb

MARK C. DILLON, J.P.

DANIEL D. ANGIOLILLO

EDWARD D. CARNI

RANDALL T. ENG, JJ.

2008-03768

Karen Christian, et al., appellants, v Railroad

Deli Grocery, defendant, Joe II Realty Corp.,

respondent.

(Index No. 5561/06)

DECISION & ORDER ON MOTION

Motion by the appellants to stay an inquest on damages in the above-entitled action pending hearing and determination of an appeal from an order of the Supreme Court, Suffolk County, dated March 26, 2008.

Upon the papers filed in support of the motion and no papers having been filed in opposition or relation thereto, it is

ORDERED that the motion is granted, and the inquest on damages in the above-entitled action is stayed pending hearing and determination of the appeal on condition that the appeal is perfected on or before August 7, 2008; and it is further,

ORDERED that in the event the appeal is not perfected on or before August 7, 2008, the court, on its own motion, may vacate the stay, or the respondent may move to vacate the stay, on three days notice.

DILLON, J.P., ANGIOLILLO, CARNI and ENG, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court